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ayjay(I'm new)I'm new
21 Nov 2023

My wife and I lived & worked 25 yrs in USA, and pay tax there. We both receive US Social Security, but as my wife worked 12 years for the Hawaii Education Dept. and the rest for the California State Education Dept she receives both a Calstrs pension, and Social security. Her SocialSecurity is reduced roughly by the amount of her Calstrs pension, so the total is about the same as if she hadn't worked in California and just received Social Security. We know Social Security is untaxed in Australia, but various tax advisors say her Calstrs pension counts as "ordinary" income subject to Aus tax - even though California/US regards it as an alternate to Social Security. There are probably other expats receiving Calstrs or Calpers pensions, with or without Social Security. Anyone know how the US-Aus tax treaty (specifically articles 18/19) treat Calstrs pensions, if they need to be declared as foreign income or can be treated the same as Social Security?

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460 views
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Most helpful replyATO Certified Response

Bruce4Tax(Taxicorn)Taxicorn
ATO Certified Response22 Nov 2023

Foreign pensions are taxable in AUS, but may also be eligible for UPP deduction.


https://www.ato.gov.au/individuals-and-families/income-deductions-offsets-and-records/deductions-you-can-claim/investments-insurance-and-super/undeducted-purchase-price-of-a-foreign-pension-or-annuity


We know Social Security is untaxed in Australia,


correct.


https://community.ato.gov.au/s/question/a0J9s000000Nsvp/p00195967


All replies

Most helpful replyATO Certified Response

Bruce4Tax(Taxicorn)Taxicorn
ATO Certified Response22 Nov 2023

Foreign pensions are taxable in AUS, but may also be eligible for UPP deduction.


https://www.ato.gov.au/individuals-and-families/income-deductions-offsets-and-records/deductions-you-can-claim/investments-insurance-and-super/undeducted-purchase-price-of-a-foreign-pension-or-annuity


We know Social Security is untaxed in Australia,


correct.


https://community.ato.gov.au/s/question/a0J9s000000Nsvp/p00195967


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Is CALSTRS pension taxable in Australia? | ATO Community